Supreme Court ends Pharmacy Council of India ban on opening new Pharmacy Colleges
New Delhi: In a major move the apex court has overturned the moratorium that was placed by the Pharmacy Council of India on the opening of new pharmacy colleges in the country.
The Supreme Court has recently directed the Pharmacy Council of India (PCI) to accept and process the applications of new pharmacy colleges which had moved the Delhi and Karnataka high courts against a moratorium issued by the statutory body.
This came in line with the imposition of the ban that was initiated by the PCI on the opening of new pharmacy colleges till 2024-25. The Pharmacy Council of India (PCI) is a statutory body working under the Ministry of Health and Family Welfare. Government of India. It is constituted under the Pharmacy Act, 1948 to regulate the pharmacy education and practice of' profession in the country by prescribing the minimum standard of education required for qualification for registration as a pharmacist.
The PCI authorities had taken this decision noting the availability of sufficient qualified pharmacist workforce as compared with the present population, rapid increase in the number of pharmacy colleges leading to a shortage of trained and qualified teaching faculty which could affect the quality of education imparted to students.
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This decision of the council was challenged by the colleges and the matter was recently heard by the Supreme Court. The judgement was passed on a batch of 88 writ petitions challenging the moratorium and its exceptions. The petitioners were entities which claimed to be desirous of establishing pharmacy colleges and therefore, needed prior approval of the PCI.
Expressing concern over the mushrooming of pharmacy colleges in the country, the top court said nowadays, education has become an industry, and there are big business houses.
"Because of the high cost of medical education here, students from India were required to go to Ukraine. It is much cheaper there," the apex court said.
A vacation bench of justices B R Gavai and Hima Kohli made the observation while hearing an appeal filed by the Pharmacy Council of India against the orders of the two high courts.
"By way of ad-interim orders, we direct the Pharmacy Council of India to accept and process the application of the applicants who were petitioners before the high court and no final decision be taken on approval or disapproval till final decision," the bench said, posting the matter for hearing on July 26.
Solicitor General Tushar Mehta, appearing for the Pharmacy Council, submitted that the moratorium was issued due to the mushrooming of pharmacy colleges, and in fact, these are "industries" in garb of institutions.
The counsel for the colleges stated that they have lost three years due to the moratorium.
Responding to this, Mehta said, "The objectionable part is that colleges are saying we lost three years. I can understand students saying so but not colleges which are industries." The top court was hearing appeals filed against a Delhi High Court order which set aside the moratorium issued by it on the opening of new pharmacy colleges for five years with effect from the academic year 2020-21.
The high court had said that a statutory body must trace the source of its power to a statutory provision and the exercise of executive authority by PCI in the present instance was in excess of its powers and thus cannot be sustained.
The moratorium did not apply to government institutions, institutions in the north-eastern region, and the states or union territories where the number of D.Pharm and B.Pharm institutions is less than 50.
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